Will Gorsuch or Kavanaugh want to keep gay marriage around?

[SnowLabrador]

No, and anyone who pretends otherwise is a fool. Otherwise, why would they go through all the trouble of stealing three SCOTUS seats?

[jaymichaud]

The religious/right view “Traditional marriage” as a culture war issue that they lost. Gay marriage isn’t going anywhere.

[🐒Gods of Prosperity🔱🐲💸]

What is the scenario where the Court even takes up this question?

[lfromnj]

Same-sex marriage enjoys 60% support (only 30% opposed) nationwide. AL and MS are the only states where more oppose it than support it. This doesn’t preclude some extreme right-wing justices from overturning Obergefell (though personally I think Roberts and Gorsuch wouldn’t), but it would be incredibly foolish for the GOP to want them to do it, from an electoral standpoint. Never mind that most Americans support SSM anyway, tearing up thousands of loving marriages for no good reason would make the optics even worse.

Gorsuch would vote to over turn it. Its kavanaugh who wouldn't

[DrScholl]

They are expected to do as conservative organizations tell them to do so no they wouldn't vote to keep it.

[lfromnj]

You guys all need to stop being so naive.

Kavanaugh, Thomas, Alito, Gorsuch, and Amy Comey Barrett are all extreme right-wingers.  They hang out with Republicans and brag about how they're getting the conservative agenda enacted through the courts. They don't have principles.  They are ideologues who are dedicated to legislating from the bench.

If you think they're going to respect settled law on major conservative priorities like abortion or gay marriage, you're so f--king wrong.  I don't know how you can think that when you've seen how dedicated the conservative movement has been to achieving this goal.  I don't know how you can think, after everything the conservatives have done over the last decade, that now in their moment of triumph is when they're going to discover some sense of fairness or honor or principle or respect for the constitution.

They're going to dismantle Roe v Wade.  They're going to dismantle Obamacare.  They're going to dismantle Obergefell v. Hodges.  And then they're going to spend the next 15-20 years essentially ruling the country as a 6-man dictatorship.

lol, you seriously want to tell me Gorsuch has no principles? He probably hated the idea of giving transgender/gay anti discrimination law through a loophole, but he decided to do it in the end because it fit with his judicial principles. You can hate his judicial principles but atleast say that rather than attacking his character.

To go on further, one of the reasons Ds may control the VA state house is literally due to Justice Thomas sticking to his principles and allowing the VA state house to fix the "racial gerrymander" . Thomas has some very weird principles about the VRA but he is consistent with it.

[Ferguson97]

Gay marriage specifically is probably fine, but transgender and abortion rights are gone.

[Anni di ghiaccio]

No, and anyone who pretends otherwise is a fool. Otherwise, why would they go through all the trouble of stealing three SCOTUS seats?

It's mostly about pro-corporate decisions. If they can sneak in a culture war victory to appease flyovers then all the better. (or the other way around - Kennedy was the deciding vote on Obergefell to cement his legacy among wealthy corporate liberals who benefit from Citizens United)

[GeneralMacArthur]

The religious/right view “Traditional marriage” as a culture war issue that they lost. Gay marriage isn’t going anywhere.

Tell that to Amy Coney Barrett.

In 2015, Barrett signed a joint letter to Catholic bishops which affirmed the Church's teachings including "the value of human life from conception to natural death," and that family and marriage are "founded on the indissoluble commitment of a man and a woman."

[Pick Up the Phone]

The religious/right view “Traditional marriage” as a culture war issue that they lost. Gay marriage isn’t going anywhere.

Tell that to Amy Coney Barrett.

In 2015, Barrett signed a joint letter to Catholic bishops which affirmed the Church's teachings including "the value of human life from conception to natural death," and that family and marriage are "founded on the indissoluble commitment of a man and a woman."

Not an expert on Barrett or the ideological workings of the Supreme Court - but is it really that relevant what she did five years ago? That's a political eternity. People modify their positions all the time in politics as long as it is convenient to them. And just because Barrett has played the devout Catholic to advance her career and get selected doesn't mean she would have to stick to this role if appointed for life. Or does it?

Aside from that, it should be possible to disagree with something from a personal point of view but agree from a legal one.

[SWE]

Seems unlikely to me that a case where the status of Obergefell would be a question would be a question would reach the Court anytime soon tbh

[VBM]

You guys all need to stop being so naive.

John Roberts is the only normal conservative justice on the bench.  None of the other Republicans is going to suddenly become the next John Roberts just because they have unlimited power now.

Kavanaugh, Thomas, Alito, Gorsuch, and Amy Comey Barrett are all extreme right-wingers.  They hang out with Republicans and brag about how they're getting the conservative agenda enacted through the courts.  They don't have principles.  They are ideologues who are dedicated to legislating from the bench.

If you think they're going to respect settled law on major conservative priorities like abortion or gay marriage, you're so f--king wrong.  I don't know how you can think that when you've seen how dedicated the conservative movement has been to achieving this goal.  I don't know how you can think, after everything the conservatives have done over the last decade, that now in their moment of triumph is when they're going to discover some sense of fairness or honor or principle or respect for the constitution.

They're going to dismantle Roe v Wade.  They're going to dismantle Obamacare.  They're going to dismantle Obergefell v. Hodges.  And then they're going to spend the next 15-20 years essentially ruling the country as a 6-man dictatorship.

I really wish that Obama didn’t twiddle his thumbs when he had the chance to pass DC statehood, Puerto Rico statehood, and court reform. We could have been saved of so much heartache if Democrats weren’t so obsessed with being the Republicans’ BFFs prior to 2016

[TiltsAreUnderrated]

Yes. Gorsuch on principle and Kavanaugh because he'd prefer to spend the court's political capital (i.e. the risk of eroding its legitimacy) on projects which offer a better return on investment for his backers. Equal marriage isn't controversial these days except within a small segment of a population that will reliably fundraise for Republicans so long as it remains legal. Why get rid of it when he could instead craft a hundred Janus-esque rulings or expand voter suppression?

The evangelical wing can't be completely let down but they don't care that much about gay marriage in the main. If they're going to win anything major (and I'm not at all sure they'll be allowed to), it'll be Roe.

[GeneralMacArthur]

You guys all need to stop being so naive.

John Roberts is the only normal conservative justice on the bench.  None of the other Republicans is going to suddenly become the next John Roberts just because they have unlimited power now.

Kavanaugh, Thomas, Alito, Gorsuch, and Amy Comey Barrett are all extreme right-wingers.  They hang out with Republicans and brag about how they're getting the conservative agenda enacted through the courts.  They don't have principles.  They are ideologues who are dedicated to legislating from the bench.

If you think they're going to respect settled law on major conservative priorities like abortion or gay marriage, you're so f--king wrong.  I don't know how you can think that when you've seen how dedicated the conservative movement has been to achieving this goal.  I don't know how you can think, after everything the conservatives have done over the last decade, that now in their moment of triumph is when they're going to discover some sense of fairness or honor or principle or respect for the constitution.

They're going to dismantle Roe v Wade.  They're going to dismantle Obamacare.  They're going to dismantle Obergefell v. Hodges.  And then they're going to spend the next 15-20 years essentially ruling the country as a 6-man dictatorship.

I really wish that Obama didn’t twiddle his thumbs when he had the chance to pass DC statehood, Puerto Rico statehood, and court reform. We could have been saved of so much heartache if Democrats weren’t so obsessed with being the Republicans’ BFFs prior to 2016

Obama wasn't "twiddling his thumbs", he spent the first six months of his presidency trying to rescue the economy and signing all the bills that Pelosi had passed from the 2006-2008 Congress, and then the first big fight he picked was Obamacare, which led to the unexpected Scott Brown election that ended the supermajority.  Remember Obama thought he'd have another ten months to work with a supermajority after the Obamacare fight was over.

All the bad history around the Obama administration frustrates me to no end because I vividly remember every second of 2009 and 2010.  There was no point where Obama could have shoved in DC and PR statehood and chose not to.

[pbrower2a]

First, there would have to be a case involving LGBT rights which seem to already be settled in Obergfell. There would have to be state legislation or a referendum that results in denials of marriage licenses or criminalization of homosexual activity. Subordinate courts would issue cease and desist orders before making rulings. Surely enough, stare decisis would decide against such.

Homosexuals are no longer the social bogey that they once were. The bogey status disappeared fast, and most Americans came to accept that. Except for the crank argument "LGBT people are going to Hell" (I'd give a stronger case for "LGBT-bashers are going to Hell" instead because such is a horrible crime; I am straight and I feared gay-bashers much more before Obergfell than after.

What will still be illegal is pedophilia, but that was so whether straight or homosexual, but mainstream gays and lesbians have no use for child-molesters, especially if they can have child custody.

[100% pro-life no matter what]

We lost on gay marriage.  I still don't support it or agree with it, but Obergefell is not getting overturned.  If Barrett is confirmed to the court, I could see other socially conservative causes winning, like more broad religious liberty protections and possibly overturning Roe.

[pbrower2a]

More likely the focus of the Right will be on protecting corporate power and destroying workplace rights (including union membership).  The Hard Right believes more in plutocracy than in homophobia.  

[HagridOfTheDeep]

We lost on gay marriage.  I still don't support it or agree with it, but Obergefell is not getting overturned.  If Barrett is confirmed to the court, I could see other socially conservative causes winning, like more broad religious liberty protections and possibly overturning Roe.

“We lost.”

Um, you literally lost nothing, conservative.

[Anni di ghiaccio]

More likely the focus of the Right will be on protecting corporate power and destroying workplace rights (including union membership).  The Hard Right believes more in plutocracy than in homophobia.  

That's definitely not limited to the hard right. Mr "Climate Pledge Arena" is certainly happy that a rapist is on the Court as long as it means he can keep making his employees pee in bottles. Democracy dies in darkness, indeed.

[Alcibiades]

We lost on gay marriage.  I still don't support it or agree with it, but Obergefell is not getting overturned.  If Barrett is confirmed to the court, I could see other socially conservative causes winning, like more broad religious liberty protections and possibly overturning Roe.

“We lost.”

Um, you literally lost nothing, conservative.

They lost the right to restrict others’ rights.

[🐒Gods of Prosperity🔱🐲💸]

The religious/right view “Traditional marriage” as a culture war issue that they lost. Gay marriage isn’t going anywhere.

Tell that to Amy Coney Barrett.

In 2015, Barrett signed a joint letter to Catholic bishops which affirmed the Church's teachings including "the value of human life from conception to natural death," and that family and marriage are "founded on the indissoluble commitment of a man and a woman."

Here is the letter.

It is about the worldwide mission of the Catholic church on family issues, not the US Supreme Court.

[Zohranism is OUR future]

Yeah, everyone understands that gay marriage is settled.  Nice try though.

Roe v Wade is also settled law.  It was a 7-2 decision.

I don't see mass murder and allowing gays to marry as being on the same level.

Since when did you care about mass murder?

[Migrant Crime]

Yeah, everyone understands that gay marriage is settled.  Nice try though.

Roe v Wade is also settled law.  It was a 7-2 decision.

I don't see mass murder and allowing gays to marry as being on the same level.

Since when did you care about mass murder?

Occasionally

[Kyle Rittenhouse is a Political Prisoner]

You guys all need to stop being so naive.

Kavanaugh, Thomas, Alito, Gorsuch, and Amy Comey Barrett are all extreme right-wingers.  They hang out with Republicans and brag about how they're getting the conservative agenda enacted through the courts. They don't have principles.  They are ideologues who are dedicated to legislating from the bench.

If you think they're going to respect settled law on major conservative priorities like abortion or gay marriage, you're so f--king wrong.  I don't know how you can think that when you've seen how dedicated the conservative movement has been to achieving this goal.  I don't know how you can think, after everything the conservatives have done over the last decade, that now in their moment of triumph is when they're going to discover some sense of fairness or honor or principle or respect for the constitution.

They're going to dismantle Roe v Wade.  They're going to dismantle Obamacare.  They're going to dismantle Obergefell v. Hodges.  And then they're going to spend the next 15-20 years essentially ruling the country as a 6-man dictatorship.

lol, you seriously want to tell me Gorsuch has no principles? He probably hated the idea of giving transgender/gay anti discrimination law through a loophole, but he decided to do it in the end because it fit with his judicial principles.

Obergefell is here to stay. Deciding it through the courts was a bad idea, but overturning it now would be absurd.
Roe is plainly wrong on the constitutional merits and likely falls. There is no constitutional right to an abortion, and liberals who wish to change that should do so through the ballot box instead of the courts.

Roe. Wrong is a straightforward application of Griswold and must stand no matter what. It has even higher support than abortion rights in general. Women have a constitutional right to their own bodies, otherwise freedom in this country means nothing.

Griswold was also absurd. The rights contained in the constitution are clear. Privacy is not one of them. The extension of a right to privacy to a right to infanticide moved from the absurd to the plainly immoral.

Griswold establishes women's right to bodily autonomy. This is essential for our nation's recognition of women's rights, since the Equal Rights Amendment didn't pass and we also haven't gotten a woman President. If you want to deny abortion rights by limiting Roe then go ahead and enforce your morality by reducing its scope, but it is a symbolically important enough case that it should not simply be overturned.

I'll add that support for Roe is extremely high at 71% (only 23% opposed) nationwide.

So the thesis here is that since the People rejected the ERA, the courts should legislate as though it exists through invented rights?

[EastOfEden]

Gay marriage isn't going anywhere. It has over 70% support nowadays. As much as people try to pretend otherwise, the court does bend to public opinion.

Also, in 2016 Trump said he wasn't interested in reversing that ruling. They will respect their God-Emperor.